nolle prosequi was entered by the Director of Prosecutions. Attached to this letter, the
Complainants submitted copies of decisions and sources of information referenced
in their submissions on Admissibility, in response to a request from the Secretariat.
22.
The Communication was subsequently deferred to, considered and declared
admissible at the 13th Extra-Ordinary Session. The Respondent State was informed
of the decision of the Commission by way of a Note Verbale dated 27 February 2013.
On the same day, a letter was sent to the Complainants informing them of the
decision and requesting that they make their submissions on the Merits within sixty
days.
23.
In a letter dated 14 November 2015, as no submission had yet been received, the
Commission informed the Complainants that if no submissions were received as
soon as possible, the Commission would proceed to strike out the Communication
for want of diligent prosecution. The Complainants’ submission on merits was
subsequently forwarded to the Commission through a letter dated 08 February 2014.
24.
The Complainants’ submission on the merits were forwarded to the Respondent
State through a Note Verbale on 24 September 2014. The Respondent State was
requested to forward its submissions on the merits of the Communication, within
sixty (60) days of this notification.
25.
Through Note Verbale dated 11 March 2015, the Commission granted the
Respondent State 30 working days, from the date of notification, to file written
submissions on the merits, if any. The Commission informed the Respondent State
that it would proceed on the determination of the merits on the basis of the available
information if the said submissions were not received within the stated period.
26.
Through a diplomatic note dated 05 May 2015, the Respondent State forwarded its
submission on the merits to the Commission. The submission was forwarded to the
Complainants on the 20 May 2015, granting the Complainants thirty (30) days to
submit any additional written observation or information; no additional submissions
were received.
The Law on Admissibility
The Complainant’s Submissions on Admissibility
27.
The Complainants submit that they have satisfied all the criteria on admissibility, as
set out in Article 56 of the African Charter. The Complainants submit that: the
authors of the Communication are indicated; the Communication is plainly
compatible with the Constitutive Act of the African Union and the Charter; the
Communication is presented in polite and respectful language; and is based on
information provided by the Complainants and Court documents, not on media
reports, in accordance with clauses (1), (2), (3) and (4) of Article 56.
4